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(영문) 서울고등법원 2017.08.31 2017나2002784
손해배상(기)
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

(b).

Reasons

1. Basic facts

A. Plaintiff A is the owner or resident of the same apartment unit Nos. 3, 102, 202, 302, 302, 302, 302, 402, 502, 602, and 602 of the same apartment unit (hereinafter collectively referred to as “each apartment unit of this case”), Defendant G, and H are the owners or owners of the above apartment unit Nos. 3, 302, 302, 402, 502, 502, and 602, and Plaintiff F are the owners or residents of the same apartment unit of this case (hereinafter collectively referred to as “each apartment unit of this case”). The above apartment unit of this case is the owner or owners of 1/2 shares of L, 1,037m2 (hereinafter referred to as “the land of this case”), and Defendant I is registered as Defendant G’s husband’s corporate register as the housing construction company and sales business, etc., and Defendant H is the husband of Defendant G, as Defendant G.

B. On January 30, 2015, Defendant G and H obtained a building permit from the head of Si/Gun in order to construct two multi-unit houses on the instant land (hereinafter “instant multi-unit housing”) and entered into a construction contract for the construction of the said multi-unit housing building with Defendant Taecheon Construction Co., Ltd. (hereinafter “Defendant Taecheon Construction”) around that time. Defendant Taecheon Construction completed the instant two multi-unit housing units on July 2015, with each of the seven floors above ground.

C. The site of each apartment of this case and the land of this case are designated as Class II general residential area under the National Land Planning and Utilization Act.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3 through 7 (including paper numbers; hereinafter the same shall apply), inquiry results of the court of first instance to the head of Si/Gun/Gu, the purport of the whole pleadings

2. The plaintiffs' assertion that Defendant G and H are owners of the instant collective housing, and Defendant I is the company that actually constructed the instant collective housing, and Defendant Taeho comprehensive construction is the construction works of the instant collective housing.

The Defendants.

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